Thames–Coromandel District Council and Hauraki
District Council Mangrove Management Bill
Local Bill
As reported from the Governance and Administration Committee
Commentary
Recommendation
The Governance and Administration Committee has examined the Thames–Coroman-
del District Council and Hauraki District Council Mangrove Management Bill and
recommends that it be passed with the amendments shown.
Introduction
This is a local bill sponsored by the Thames–Coromandel District Council and the
Hauraki District Council. It seeks to empower the two councils to prepare a mangrove
management plan or plans for the coastal area of their districts.
This bill was put forward by the councils as both were concerned that managing the
expansion of mangroves under the Resource Management Act 1991 (RMA) was
expensive and time consuming. This bill would help by providing for the manage-
ment of mangroves through a plan developed under the Local Government Act 2002.
Proposed amendments
This commentary covers the main amendments we recommend to the bill as intro-
duced. We do not discuss minor or technical amendments.
Changing the title of the bill
The submissions we received about the bill indicated that mangrove expansion and
management has mostly become a problem in Whangamatā harbour. We therefore
consider that the bill should only apply to Whangamatā harbour, which falls under the
jurisdiction of the Thames–Coromandel District Council.
278—2
Thames–Coromandel District Council and Hauraki
2
District Council Mangrove Management Bill
Commentary
We recommend narrowing the bill so that it only applies to the Thames–Coromandel
District. This would necessitate removing reference to the Hauraki District Council in
the title clause 1.
Definitions in the bill
Definitions for the bill are set out in clause 3. We recommend the following amend-
ments to the definitions in the bill.
Restricting the bill to Whangamatā Harbour
We recommend restricting the definition of “council” to mean only the Thames–
Coromandel District Council. We also recommend inserting a definition for “Whan-
gamatā harbour” as defined in the mangrove management plan.
Definition of “
mangrove management activity”
We consider that the definition of “mangrove management activity” in the bill as
introduced is weighted toward mangrove removal. We recommend including protec-
tion and maintenance of mangrove vegetation in the definition to make it more bal-
anced.
The definition of “mangrove management activity” also includes reference to whole
tree removal and maintenance dredging. Submitters commented that dredging could
cause many other problems and result in the removal of other species. We recommend
removing reference to both whole tree removal and maintenance dredging. Further,
we recommend specifying that any mechanised removal of mangroves would only be
allowed with mechanised hand-held tools.
Aligning definitions with the Resource Management Act
We recommend including definitions for “amenity”, “effect”, “Iwi Authority”, and
“New Zealand Coastal Policy Statement”, and specifying that the definition for these
terms should be the same as under the specified sections of the RMA.
Significant changes recommended
We recommend significant changes to the bill to restrict its application, align it with
RMA processes, and respond to the extensive concerns expressed by submitters. Our
recommended changes entail deleting clauses 4 to 8 from the bill as introduced, and
inserting new clauses 4 to 10, and a Schedule with 9 clauses.
New purpose clause
We consider that the content of clause 4 in the bill as introduced would be more
appropriate as the purpose of a mangrove management plan, rather than as the pur-
pose of the legislation as a whole.
We recommend inserting a new clause 4 as the purpose clause, stating that the pur-
pose of the bill is to enable the development of a mangrove management plan.
Thames–Coromandel District Council and Hauraki
Commentary
District Council Mangrove Management Bill
3
Application of other enactments
In the bill as introduced, clause 8(2) provides that the council would not be required
to comply with any other legislation in carrying out a mangrove management activity.
We consider that this provision is far too broad and should be removed. In fact, there
are important laws and regulations that should apply to mangrove management, for
example health and safety legislation and Treaty legislation.
The main objective of the bill is to enable a mangrove management plan to be put in
place without following the regional coastal plan-making process required under the
RMA. We recommend inserting new clause 5 to specify that, unless expressly stated,
the RMA would not apply.
Purpose of a mangrove management plan
We recommend inserting new clause 6, setting out what the purpose of a mangrove
management plan would be. It is similar to clause 4 in the bill as introduced, but we
consider that our proposed new clause 6 is more balanced because of the changes we
have recommended to the definition of mangrove management activity.
Process for preparing a plan
Clause 6 in the bill as introduced sets out the process for preparing and adopting a
mangrove management plan. In our amended version, new clause 7 and a Schedule
would set out this process. New clause 7 would still require the establishment of a
committee to prepare a draft plan. However, we consider that the committee must
include specific representatives.
Our proposed new clauses 7(2)(a) and 7(2)(b) would require the committee to include
at least one representative each from the Thames–Coromandel District Council and
the Waikato Regional Council. While the Thames–Coromandel District Council
would ultimately be the council that adopts the plan, we consider it important for the
Waikato Regional Council to also be represented on the committee. The regional
council has a key role in coastal management. Including it on the committee would
help to provide consistency between the mangrove management plan and the regional
coastal plan.
New clause 7(2)(c) would require that the committee include at least one member
with scientific or ecological expertise. We consider the inclusion of this expertise
important, as there are a number of ecological issues associated with mangrove
removal.
Clause 6(2) in the bill as introduced would require that at least one iwi representative
be included on the committee. We consider that this representation should be decided
through agreement between iwi and the council. Our proposed new clause 7(2)(d)
would require that the relevant iwi authorities and the Thames–Coromandel District
Council agree on what would be sufficient iwi representation.
New clause 7(3) would require a representative from the Department of Conservation
to be invited onto the committee. We consider that this would help provide better
alignment with the RMA.
Thames–Coromandel District Council and Hauraki
4
District Council Mangrove Management Bill
Commentary
New clause 7(4) provides that provisions relating to the preparation, approval, adop-
tion, and review of a plan would be set out in the Schedule. We consider that a sched-
ule is the more appropriate place for these types of provisions.
Clarifying the relationship of the bill with the RMA and the Local Government
Act
Some sections of the RMA and Local Government Act are relevant to the bill. We
consider that applying them would provide greater clarity on how the bill operates
and make it more robust.
Our proposed new clause 8 is about the effect of the plan and its relationship with the
regional policy statement and regional plan. New clause 8(3) sets out that section 17
of the RMA (duty to avoid, remedy, or mitigate adverse effects) would apply to
people exercising functions under this legislation.
Our proposed new clause 8(6) specifies that a mangrove management plan must be
prepared in accordance with the Local Government Act and would have the effect of
other plans prepared under that Act.
New clause 9 proposes provisions relating to monitoring, enforcement, and compli-
ance. Subclause 1(a) would give the council the power to enforce a plan as if it were a
district plan. Our proposed new clauses 9(2)(a) and 9(2)(b) specify that section 38 and
Part 12 of the RMA would apply in relation to clause 9(1)(a).
Sunset clause
We consider that this bill should only be a temporary measure for managing man-
groves, and that in the long term the regional coastal plan should be responsible for
managing mangroves. Therefore, we recommend inserting new clause 10. This would
mean that the legislation would be repealed after 5 years. If a plan was in place at that
time, it would be revoked and the regional coastal plan would then apply to mangrove
management activities.
New Schedule
We recommend inserting a Schedule to the bill with provisions relating to the prepar-
ation, approval, adoption, and review of a mangrove management plan.
Content of a plan
Clauses 1 to 3 in the new Schedule specify the content of the mangrove management
plan.
The provisions in clause 1 are similar to those in clause 5(4) of the bill as introduced.
However, we recommend inserting clause 1(f) which would require the plan to give
effect to the New Zealand Coastal Policy Statement. We consider that this would pro-
vide better alignment with the RMA, and ensure consistency with the policy object-
ives that apply to coastal management in other areas.
Thames–Coromandel District Council and Hauraki
Commentary
District Council Mangrove Management Bill
5
Protecting customary rights
We consider that the plan must not have an adverse effect on protected customary
rights. Our proposed clause 2(1) in the Schedule stipulates that a plan must not
include rules that have an adverse effect on customary rights protected under the Mar-
ine and Coastal Area (Takutai Moana) Act 2011. This clause is essentially the same as
section 85A of the RMA. We also recommend including clauses 2(2), 2(3), and 2(4).
These set out that, if a protected customary rights group considers that a rule in the
plan does not comply with section 85A of the RMA, it could apply to the Environ-
ment Court and ask for a change to the rule.
Disposal of mangroves
We consider it important for this legislation to ensure that mangrove disposal is done
in an environmentally acceptable manner. Our proposed clause 3(b) would require
that mangroves be disposed of outside the coastal marine area.
Committee’s functions
Clauses 4 and 5 in the Schedule set out what the committee’s functions would be.
Clause 4(2)(a) would require the committee, in preparing the draft mangrove manage-
ment plan, to complete an assessment of environmental effects in accordance with
specific sections in the RMA. Clause 4(2)(b) would require the committee to consider
where mangroves contribute to coastal ecosystems or protect the coast from erosion.
We consider that these provisions would ensure that the committee considers environ-
mental effects as part of its preparation of a plan, and particularly any environmental
benefits that mangroves may be providing.
Participation of iwi or Māori organisations
We consider that, where other legislation would provide for the participation of iwi or
Māori organisations in decision-making about an RMA plan relating to the Whanga-
matā harbour, those participation provisions should apply here. We therefore recom-
mend including clause 5 in the Schedule to provide for this.
Requirement for Minister of Local Government’s approval of plan
The draft mangrove management plan is prepared under the Local Government Act.
We recommend including clause 7 in the Schedule to require the Minister of Local
Government, in consultation with the Minister of Conservation, to approve the draft
plan before it can be adopted by the council. We consider that this ministerial over-
sight would provide an additional check on the council’s powers. The required con-
sultation with the Minister of Conservation would also provide more alignment with
the regional coastal plan change process under the RMA.
Thames–Coromandel District Council and Hauraki
6
District Council Mangrove Management Bill
Commentary
Appendix
Committee process
The Thames–Coromandel District Council and Hauraki District Council Mangrove
Management Bill was referred to the Local Government and Environment Committee
of the previous Parliament on 9 August 2017 and was reinstated with this committee
in the current Parliament. The closing date for submissions was 23 February 2018.
We received and considered 163 submissions from interested groups and individuals.
We heard oral evidence from 41 submitters at hearings in Thames and Wellington.
We received advice from the Department of Internal Affairs and the Ministry for the
Environment.
Committee membership
Brett Hudson (Chairperson)
Ginny Andersen
Kanwaljit Singh Bakshi
Hon Jacqui Dean
Paul Eagle
Hon Peeni Henare
Jamie Strange
Dr Jian Yang
Hon Scott Simpson participated in some of this item of business.
Thames–Coromandel District Council and Hauraki
District Council Mangrove Management Bill
Key to symbols used in reprinted bill
As reported from a select committee
text inserted unanimously
text deleted unanimously
link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 13 link to page 14 link to page 14 link to page 14 link to page 14 link to page 14 link to page 14 link to page 14 link to page 14 link to page 14 link to page 14 link to page 15 link to page 15 link to page 15 link to page 15 link to page 15 link to page 15
Hon Scott Simpson
Thames–Coromandel District Council and Hauraki
District Council Mangrove Management Bill
Local Bill
Contents
Page
1
Title
2
2
Commencement
2
3
Interpretation
2
4
Purposes of Act
3
5
Purpose and content of mangrove management plan
3
6
Process for preparation and adoption of mangrove management
4
plan
7
Implementation, review, and integration of mangrove management
4
plans
8
Powers and duties of councils
4
4
Purpose of Act
5
5
Application of Resource Management Act 1991
5
6
Purpose of mangrove management plan
5
7
Process for preparation, approval, adoption, and review of
5
mangrove management plan
8
Effect of plan and its relationship to regional policy statement and
5
plan
9
Monitoring, enforcement, and compliance
6
10
Repeal of this Act and revocation of plan
6
Schedule
7
Provisions relating to preparation, approval, adoption, and
review of mangrove management plan
278—2
1
Thames–Coromandel District Council and Hauraki
cl 1
District Council Mangrove Management Bill
The Parliament of New Zealand enacts as follows:
1
Title
This Act is the Thames–Coromandel District Council and Hauraki District
Council Mangrove Management Act 2017.
2
Commencement
5
This Act comes into force on the day after the date on which it receives the
Royal Assent.
3
Interpretation
In this Act, unless the context otherwise requires,—
amenity values has the meaning given in section 2(1) of the Resource Man-
10
agement Act 1991
coastal area, in relation to a council, means the coastal marine area within the
district of the council, other than land in private ownership
coastal marine area has the meaning given in section 2(1) of the Resource
Management Act 1991
15
council means—
(a)
the Thames–Coromandel District Council; and
(b)
the Hauraki District Council
council means the Thames–Coromandel District Council
effect has the meaning given in section 3 of the Resource Management Act
20
1991
iwi authority has the meaning given in section 2(1) of the Resource Manage-
ment Act 1991
mangrove management activity—
(a)
means all or any of the following activities: the removal, prevention,
25
monitoring, detection, control, destruction, or disposal, protection, and
maintenance of mangrove vegetation; and
(b)
includes—
(i)
the hand removal of mangrove vegetation:; and
(ii)
the mechanised removal of mangrove vegetation using hand tools;
30
but
(iii)
whole tree removal:
(iv)
maintenance dredging
(c)
does not include the mechanised removal of mangrove vegetation by any
means other than the use of hand tools
35
2
Thames–Coromandel District Council and Hauraki
District Council Mangrove Management Bill
cl 5
mangrove management plan means the adopted mangrove management plan
that has become operative under section 7(1) clause 8 of the Schedule
mangrove vegetation means any seed, seedling, plant, or remains of any man-
grove plant that exists or existed in the coastal area Whangamatā harbour
New Zealand Coastal Policy Statement has the meaning given in section 2(1)
5
of the Resource Management Act 1991
Whangamatā harbour means the area identified as such in the mangrove
management plan.
4
Purposes of Act
The purposes of this Act are—
10
(a)
to facilitate the removal of mangrove vegetation in the coastal area of
each council to achieve and maintain appropriate levels of that vegeta-
tion; and
(b)
to restore, protect, and enhance any amenity values or ecosystems of the
coastal area from which mangrove vegetation is removed
15
5
Purpose and content of mangrove management plan
(1)
A council may adopt a mangrove management plan for the coastal area of its
district.
(2)
The purpose of the mangrove management plan is to enable the council to
achieve and maintain appropriate levels of mangrove vegetation in its coastal
20
area in accordance with the purposes of this Act.
(3)
The mangrove management plan must achieve the purposes of this Act.
(4)
The mangrove management plan must—
(a)
identify the areas within the coastal area, by reference to maps, in which
mangrove management activities are to be undertaken; and
25
(b)
state the objectives of the plan, including a description of the appropriate
levels of mangrove vegetation in the identified areas; and
(c)
describe the methods to be used in achieving the objectives of the plan;
and
(d)
state the rules and restrictions that apply to the undertaking of mangrove
30
management activities; and
(e)
identify any amenity values or ecosystems of the identified areas for the
purposes of section 4(b); and
(f)
describe the mechanisms the council intends to use to assess the effect-
iveness of the mangrove management activities in achieving the object-
35
ives of the plan.
(5)
The mangrove management plan may include any other matter that the council
considers desirable or necessary to give effect to the purposes of this Act.
3
Thames–Coromandel District Council and Hauraki
cl 6
District Council Mangrove Management Bill
6
Process for preparation and adoption of mangrove management plan
(1)
If a council wishes to prepare and adopt a mangrove management plan for its
coastal area, it must establish a committee to prepare a first draft of the plan
and to adopt and implement the plan in accordance with this Act.
(2)
The committee must include at least 1 iwi representative.
5
(3)
The council must use the special consultative procedure set out in section 83 of
the Local Government Act 2002 in adopting the mangrove management plan,
as if references in that section to a statement of proposal were references to the
draft mangrove management plan.
(4)
The council must commence the special consultative procedure within 6
10
months after completing its draft mangrove management plan.
(5)
Within 3 months after completing the special consultative procedure, the coun-
cil must prepare its final mangrove management plan and make it publicly
available in the same manner as the draft mangrove management plan was
made publicly available as part of the special consultative procedure.
15
(6)
In preparing the final mangrove management plan, the council must have
regard to the views expressed during the special consultative procedure, to the
extent that those views are relevant to the purposes of this Act.
7
Implementation, review, and integration of mangrove management plans
(1)
A mangrove management plan becomes operative when it is made publicly
20
available.
(2)
A council may review its mangrove management plan at any time by following
the process set out in section 6.
(3)
The councils may prepare, adopt, and review mangrove management plans col-
laboratively.
25
(4)
The councils may, without limitation,—
(a)
prepare a single integrated mangrove management plan that covers both
of their coastal areas; and
(b)
establish a joint committee under clauses 30 and 30A of Schedule 7 of
the Local Government Act 2002 to prepare the integrated management
30
plan; and
(c)
adopt a joint special consultative procedure covering both districts.
8
Powers and duties of councils
(1)
A council has the power to carry out, and to contract for the carrying out of,
mangrove management activities in accordance with its mangrove management
35
plan.
(2)
In exercising the powers conferred by subsection (1), a council is not
required to comply with any other enactment that would otherwise regulate or
apply to its mangrove management activities unless that other enactment
4
Thames–Coromandel District Council and Hauraki
District Council Mangrove Management Bill
cl 8
expressly overrides the council’s powers under this Act that relate to its man-
grove management activities.
(3)
A council must comply with the rules and reporting requirements in its man-
grove management plan.
4
Purpose of Act
5
The purpose of this Act is to enable the development of a mangrove manage-
ment plan that will provide for mangrove management activity to be under-
taken in the Whangamatā harbour.
5
Application of Resource Management Act 1991
The Resource Management Act 1991 does not apply to any activity undertaken
10
under this Act, unless this Act expressly provides otherwise.
6
Purpose of mangrove management plan
The purpose of the mangrove management plan is to enable mangrove manage-
ment activity in the Whangamatā harbour in order to restore, protect, and
enhance amenity values and ecosystems that may be affected by mangrove
15
management undertaken under this Act.
7
Process for preparation, approval, adoption, and review of mangrove
management plan
(1)
If the council wishes to prepare and adopt a mangrove management plan for
the Whangamatā harbour, it must establish a committee to prepare a first draft
20
of the plan for the council’s consideration.
(2)
The committee must include—
(a)
at least 1 representative from the Thames–Coromandel District Council;
and
(b)
at least 1 representative from the Waikato Regional Council; and
25
(c)
at least 1 member with scientific or ecological expertise; and
(d)
sufficient iwi representation as agreed between the relevant iwi author-
ities and the Thames–Coromandel District Council.
(3)
The council must invite the Department of Conservation to have a representa-
tive on the committee and, if the invitation is accepted, the committee must
30
include 1 representative from the Department of Conservation.
(4)
The provisions of the Schedule apply in relation to the preparation, approval,
adoption, and review of the mangrove management plan.
8
Effect of plan and its relationship to regional policy statement and plan
(1)
A person who undertakes mangrove management activity under the mangrove
35
management plan must comply with the plan.
5
Thames–Coromandel District Council and Hauraki
cl 9
District Council Mangrove Management Bill
(2)
The council must comply with the reporting requirements in the mangrove
management plan.
(3)
Section 17 of the Resource Management Act 1991 (duty to avoid, remedy, or
mitigate adverse effects) applies to persons performing functions or carrying
out activities under this Act.
5
(4)
The Waikato Regional Council does not have responsibility for mangrove man-
agement activities undertaken in accordance with the mangrove management
plan.
(5)
The provisions of the operative regional policy statement and regional plan that
relate to mangrove management activities do not apply to mangrove manage-
10
ment activities undertaken in accordance with the mangrove management plan.
(6)
The mangrove management plan—
(a)
must be prepared in accordance with the Local Government Act 2002,
with any necessary modifications; and
(b)
has effect as a plan prepared by the council under that Act.
15
9
Monitoring, enforcement, and compliance
(1)
The council—
(a)
has the power to enforce the mangrove management plan and activities
undertaken in accordance with the plan as if the plan were a district plan:
(b)
must regularly monitor mangrove management activities being under-
20
taken under the mangrove management plan:
(c)
must prepare 6-monthly reports about its activities and monitoring
referred to in paragraphs (a) and (b) and make the reports publicly
available:
(d)
must publish on its Internet site information about the costs of mangrove
25
management activities undertaken by or on behalf of the council.
(2)
The following provisions of the Resource Management Act 1991 apply with
the necessary modifications for the purpose of subsection (1)(a):
(a)
section 38 (authorisation and responsibilities of enforcement officers):
(b)
Part 12 (declarations, enforcement, and ancillary powers).
30
10
Repeal of this Act and revocation of plan
(1)
This Act is repealed on the close of the period of 5 years beginning with the
date of the commencement of this Act.
(2)
The mangrove management plan is revoked on the close of the period of 5
years beginning with the date of the commencement of this Act.
35
6
Thames–Coromandel District Council and Hauraki
District Council Mangrove Management Bill
Schedule
Schedule
Provisions relating to preparation, approval, adoption, and review of
mangrove management plan
s 7(4)
Content of plan
5
1
Matters required to be included in plan
The mangrove management plan must—
(a)
identify and map, to the standard required for a plan that complies with
the Cadastral Survey Act 2002, the areas within the Whangamatā har-
bour where mangrove management activities are to be undertaken; and
10
(b)
state the objectives of the plan, including a description of the levels of
mangrove vegetation in the identified areas; and
(c)
describe the methods to be used in achieving the objectives of the plan;
and
(d)
identify any amenity values or ecosystems that may be affected by man-
15
grove management activities; and
(e)
describe the mechanisms the council intends to use to monitor and assess
the effectiveness of the mangrove management activities in achieving
the objectives of the plan; and
(f)
give effect to the New Zealand Coastal Policy Statement.
20
2
Protection of interests of customary rights holders
(1)
The mangrove management plan must not include a rule that describes an
activity as a permitted activity if that activity will, or is likely to, have an
adverse effect that is more than minor on a protected customary right that may
be exercised under Part 3 of the Marine and Coastal Area (Takutai Moana) Act
25
2011.
(2)
If a protected customary rights group considers that a rule in the mangrove
management plan or the proposed mangrove management plan does not com-
ply with section 85A of the Resource Management Act 1991, the holder of the
protected customary rights order may apply to the Environment Court in
30
accordance with section 293A(3) of that Act for a change to a rule in the man-
grove management plan or proposed mangrove management plan.
(3)
The Environment Court, in determining whether a rule in a plan or proposed
plan complies with section 85A of that Act, must consider—
(a)
the effects of the proposed activity on the exercise of a protected cus-
35
tomary right; and
(b)
the area that the proposed activity would have in common with the pro-
tected customary right; and
7
Thames–Coromandel District Council and Hauraki
Schedule
District Council Mangrove Management Bill
(c)
the degree to which the proposed activity must be carried out to the
exclusion of other activities; and
(d)
the degree to which the exercise of a protected customary right must be
carried out to the exclusion of other activities; and
(e)
whether the protected customary right can be exercised only in a particu-
5
lar area.
(4)
The Environment Court, in making its determination, has all the powers in Part
11 of the Resource Management Act 1991 that are necessary to make a deci-
sion, including (but not limited to) the powers in section 293A.
(5)
In this clause,
protected customary right,
protected customary rights
10
group, and
protected customary rights order have the meanings given in
section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011.
3
Other matters permitted or required to be included in plan
The mangrove management plan—
(a)
may permit mangrove management activities to be undertaken and spe-
15
cify any conditions or restrictions that apply to those activities; and
(b)
must require the disposal of mangroves (and any part of a mangrove
removed as part of a mangrove management activity) outside the coastal
marine area; and
(c)
may include any other matter that the council considers necessary or
20
desirable to give effect to the purpose of the mangrove management
plan.
Committee’s functions
4
Committee to prepare mangrove management plan
(1)
The committee may prepare a draft mangrove management plan for the Whan-
25
gamatā harbour.
(2)
In preparing a draft mangrove management plan, the committee must—
(a)
complete an assessment of environmental effects in accordance with
clauses 6(1) and 7(1) of Schedule 4 of the Resource Management Act
1991; and
30
(b)
consider where mangroves contribute to coastal ecosystems or protect
the coast from erosion.
(3)
The committee must comply with the requirements of clauses 3, 3B, 3C, and
4A of Schedule 1 of the Resource Management Act 1991 as if every reference
in those provisions—
35
(a)
to a proposed plan were a reference to the draft mangrove management
plan:
8
Thames–Coromandel District Council and Hauraki
District Council Mangrove Management Bill
Schedule
(b)
to a customary marine title group in the area were a reference to a cus-
tomary marine title group or an applicant group, as defined in section
9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011.
(4)
The committee must consider any comments received and may amend the draft
mangrove management plan as it thinks fit.
5
(5)
The committee must provide the draft mangrove management plan to the coun-
cil.
5
Participation by iwi or Māori organisations
(1)
This clause applies if any other legislation (including the Resource Manage-
ment Act 1991 and legislation that provides for the settlement of a historical
10
claim under the Treaty of Waitangi Act 1975) provides for participation in
decision-making by iwi or Māori organisations in the preparation of any plan
under the Resource Management Act 1991 that relates to the Whangamatā har-
bour.
(2)
If this clause applies, the provisions in the other legislation apply to the prepar-
15
ation of the mangrove management plan as if references in that legislation to a
plan under the Resource Management Act 1991 were references to the man-
grove management plan.
Notification of draft plan
6
Notification of draft plan
20
(1)
If, after preparing a draft mangrove management plan, the council wishes to
proceed towards deciding whether to adopt the plan, the council must notify
the plan and undertake the special consultative procedure in section 83 of the
Local Government Act 2002.
(2)
The council must have regard to the views raised by submissions and may
25
amend the draft mangrove management plan as it thinks fit.
Minister’s approval required
7
Plan must be approved by Minister
(1)
If, after notifying a draft mangrove management plan, the council wishes to
proceed towards deciding whether to adopt the plan, the council must submit
30
the plan to the Minister of Local Government.
(2)
The Minister of Local Government, after consulting the Minister of Conserva-
tion, may—
(a)
approve the draft mangrove management plan; or
(b)
recommend amendments to the plan; or
35
(c)
decline to approve the plan.
9
Thames–Coromandel District Council and Hauraki
Schedule
District Council Mangrove Management Bill
(3)
The Minister of Local Government must notify the council, in writing, of the
Minister’s decision.
(4)
If the Minister of Local Government recommends amendments to the plan, the
council may make the amendments and resubmit the plan to the Minister (but
need not repeat any of the steps required by clauses 4 to 6 unless directed to
5
do so by the Minister of Local Government).
Adoption of plan
8
Council may adopt plan
(1)
Once the plan is approved by the Minister of Local Government, the council
must decide whether to adopt the mangrove management plan.
10
(2)
If the council adopts the plan, it must publicly notify the plan and the date on
which the plan becomes operative (which may be any date after the date of
notification).
Review or withdrawal of plan
9
Council may review or withdraw plan
15
(1)
The council may review and amend the mangrove management plan at any
time by following the process set out in clauses 4 to 8.
(2)
However, the council may, without using that process, amend the mangrove
management plan if the amendment is of minor effect or corrects a minor error.
(3)
The council may withdraw the mangrove management plan at any time if it
20
thinks fit.
Legislative history
6 July 2017
Introduction (Bill 278–1)
9 August 2017
First reading and referral to Local Government and Environment
Committee
8 November 2017
Reinstated before Governance and Administration Committee
Wellington, New Zealand:
Published under the authority of the House of Representatives—2018
10
